Victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity can apply for a U visa.

Congress created the U visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

You may be eligible for a U non-immigrant visa if:

  • You are the victim of qualifying criminal activity.
  • You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend ( a person designated to act on behalf of the child or incompetent person) may possess the information about the crime on your behalf.
  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime occurred in the United States or violated U.S. laws.
  • You are admissible to the United States. If you are not admissible, you may apply for a waiver.

The qualifying crimes include most felonies.  Some immediate family members may qualify for a U visa along with the principal applicant.

The U visa is valid for four years, and it may be extended under certain circumstances. U visa holders may apply for Lawful Permanent Residency ( Green Card ) three years after being granted a U visa.

If you are a victim of a crime, it is important that you contact NCSD Immigration Law Offices and speak to one of our expert attorneys to determine if you qualify for a U visa.